R.Umapathy v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.08.2018

CORAM

THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN W.P.No.10697 of 2018 P.Umapathy ... Petitioner Vs State rep. by

1. The Regional Transport Officer, The Regional Transport Office, Tiruppur District.

2. The Inspector of Police, Avinaasi Police Station, Tiruppur District.

3. The Branch Manager, The Tamilnadu State Transport Corporation, Pallavan Branch, Chennai District.

4. The Branch Manager, The Tamiladu State Transport Corporation, Coimbatore Branch, Coimbatore District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the respondents 1 and 2 to return the petitioner's driving license by considering his representation dated 13.04.2018. For Petitioner :Mr.K.Gandhikumar For Respondents :Mr. A.N.Thambidurai Special Government Pleader

O R D E R

This writ petition has been filed seeking direction to the first respondent to return the original Driving Licence to the petitioner.

2. According to the petitioner, he is a driver in Tamilnadu

State Transport Corporation and the bus driven by him was met with an accident on 09.04.2018. Based on that, a criminal case was registered against him by the second respondent police in Cr.No.284/2018. Thereafter, the second respondent/Inspector of Police seized his licence and produced the same before the first respondent/Regional Transport Office under section 19 of the Motor Vehicle Act. But, so far no action has been taken by the first respondent and the first respondent/Regional Transport Office is holding the licence with them. Hence, the present writ petition is filed.

3. Today, when the matter is taken up for the hearing, the learned Special Government Pleader, appearing for the respondents submitted that already an enquiry has been initiated under section 19(1) of the Act and a show cause notice was also issued to the petitioner. But, so far the petitioner did not file his objection and hence, enquiry is pending.

4. I have heard the rival submissions and perused the materials available on records.

5. Considering the fact that as already enquiry has been initiated under section 19(1) of the Act and show cause notice was also issued to the petitioner, the petitioner is directed to submit his objection, before the first respondent, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the first respondent is directed to conduct enquiry and pass a final reasoned order on merits and in accordance with law within a period of four weeks thereafter. Until the final order is passed in the proceedings, the first respondent has no power to withhold the licence. In the said circumstances, the first respondent is directed to return the Licence to the petitioner subject to the result of the enquiry proceedings.

6. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True copy// Sub Assistant Registrar mrp/rst

To

1. The Regional Transport Officer, The Regional Transport Office, Tiruppur District.

2. The Inspector of Police, Avinaasi Police Station, Tiruppur District.

3. The Branch Manager, The Tamilnadu State Transport Corporation, Pallavan Branch, Chennai District.

4. The Branch Manager, The Tamiladu State Transport Corporation, Coimbatore Branch, Coimbatore District.

+1cc to Government Pleader SR.No.60091 +1cc to Mr.K.Gandhi Kumar, Advocate SR. 60320(05/09/2018) W.P.No.10697 of 2018 GN(01/09/2018)